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Helmet
Laws in New Mexico
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AGE
REQUIREMENT MOTORCYCLE
HELMET LAW IN NEW MEXICO |
STATUTE:
Chapter
66. Motor Vehicles. Article
7. Traffic Laws; Signs,
Signals and Markings;
Accidents; Weight and Size;
Traffic Safety. Part 4.
Traffic Laws Generally.
Section 66-7-356. Mandatory
Use of Protective Helmets. :
"A.
No person under the age of
eighteen shall operate a
motorcycle unless he is
wearing a safety helmet
securely fastened on his
head in a normal manner as
headgear and meeting the
standards specified by the
director. . . . No person
shall carry any passenger
under the age of eighteen
on any motorcycle unless
the passenger is wearing a
securely fastened safety
helmet, . . . ."
STANDARDS:
Chapter
66. Motor Vehicles. Article
7. Traffic Laws; Signs,
Signals and Markings;
Accidents; Weight and Size;
Traffic Safety. Part 4.
Traffic Laws Generally.
Section 66-7-356. Mandatory
Use of Protective Helmets. :
".
. . The director shall
adopt rules and
regulations establishing
standards covering the
types of helmets and the
specifications therefore
and shall establish and
maintain a list of
approved helmets meeting
the standards and
specifications of the
director. . . ."
COURT
DECISIONS:
"Provision
valid exercise of power of
parents -- Requiring minors
to wear helmets while riding
a motorcycle would perhaps
be a valid exercise of the
power of parents and would
enable the state to protect
youths whose judgment might
not yet allow them to
exercise their individual
freedom judiciously with
regard to their own
safety." 1969 Op. Att'y
Gen. No. 69-14.
"Authority
to approve safety helmets
not violative of due
process. -- The delegation
to the commissioner of motor
vehicles (now director of
the motor vehicle division)
of the power to determine
what type of helmet should
be worn under an ordinance
mandating the wearing of
approved safety helmets by
motorcycle operators did not
deprive the appellate of due
process nor did the fact
that the state commissioner
of motor vehicles adopted
the standards determined by
the testing of a third
person make such testing
unreasonable." City of
Albuquerque v. Jones, 87
N.M. 486, 535 P.2d 1337
(1975).
"Ordinance
requiring wearing of helmet
appropriate exercise of
police power. -- A city
ordinance which requires the
operator of a motorcycle to
wear an approved safety
helmet is an appropriate
exercise of the city's
police power and therefore
is constitutional." City
of Albuquerque v. Jones ,
87 N.M. 486, 535 P.2d 1337
(1975)..
CURRENT
ACTIVITY:
Feb
3, 2003 - SB 239
- State Sen. Allen
"Frankenstein"
Hurt (R-Waterflow and a
physician!) introduced SB
239, which would force the
harvesting of organs for
some bikers declared brain
dead as the result of an
accident if not wearing a
helmet. We just spoke to his
office and apparently Hurt
has awoken from his moral
coma and will be dropping
the bill due to public
outcry and, since already
being brain dead himself,
perhaps Hurt didn't like
idea of his own bitter
medicine.
June
21, 2001
- Resolution 2051-2001
- Signed into effect. If an
accident occurs between a
motorcycle or bicycle rider
and another vehicle, and the
rider is not wearing
appropriate protective
headgear, and as a result
head or spinal cord injuries
occur the operator of the
other vehicle should be held
harmless for the head and
spinal cord injuries.
Mar
15, 2001 SB 153 -
Gov. Gary Johnson signs
handlebar repeal effective
7/1/01. New Mexico is the
5th state to repeal or amend
such a law in addition to
AZ, IA, OR and WA.
WEBSITES:
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